HILLSBORO, Ohio (AP) – The Ohio Supreme Court is set to hear arguments Wednesday in a bar owner’s challenge to the state’s ban on smoking in workplaces.

The ban prohibiting smoking in most indoor, public places was overwhelmingly approved by voters in 2006 and took effect in 2007.

The owner of Zeno’s Victorian Village in Columbus challenged the law after the tavern was cited for violations and fined $33,000. It argues the law is unconstitutional.

An appeals court upheld enforcement of the law, saying there was overwhelming evidence that Zeno’s owners intentionally violated the ban. That decision reversed a lower court’s ruling that tossed the violations and said the state health department exceeded its authority by holding Zeno’s responsible for the actions of its patrons.